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2022 (11) TMI 1283 - HC - Insolvency and BankruptcyValidity of order of NCLT - Not considering the Interlocutory Application raising the issue of jurisdiction - Section 10A of the Insolvency and Bankruptcy Code, 2016 (IBC) - Seeking consideration of application before proceeding to enter upon the merits of the Company Petition - HELD THAT:- Admittedly the Petitioner has filed the interlocutory application before NCLT challenging its jurisdiction under section 10A of the IBC. It is pending there, the NCLT has heard both parties on said application for ten dates, written submissions are also filed by both the parties on that issue. Mr. Seervai and Mr. Joshi are ad idem on one point that is the NCLT has already heard the lawyers extensively on the aspect of jurisdiction viz on interlocutory application filed by the Petitioners, written submissions are also filed. Much time and energy is spent by the NCLT on hearing on the interlocutory application. In view of that it would be appropriate for the NCLT to decide the interlocutory application before proceeding to deal with the other issues. The Hon’ble Apex Court in the case of Ramesh Kymal [2021 (2) TMI 394 - SUPREME COURT] has dealt with the issue of Section 10A of IBC. As the NCLT has extensively heard both the parties on interlocutory application, hence the NCLT shall decide it before dealing with other issues. The Petition is allowed.
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